WVC 46 A- 2 A- 104
§46A-2A-104. Violations.
(a) Except as provided by subsection (c) of this section,
failure to comply with the notice provisions of this article
constitutes an unfair or deceptive act of practice in violation of
section one hundred four, article six, chapter forty-six-a of this
code, which may be enforced by the Attorney General pursuant to the
enforcement provisions of this chapter.

(b) Except as provided by subsection (c) of this section, the
Attorney General shall have exclusive authority to bring action.
No civil penalty may be assessed in an action unless the court
finds that the defendant has engaged in a course of repeated and
willful violations of this article. No civil penalty shall exceed
one hundred fifty thousand dollars per breach of security of the
system or series of breaches of a similar nature that are
discovered in a single investigation.

(c) A violation of this article by a licensed financial
institution shall be enforceable exclusively by the financial
institution's primary functional regulator.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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